Music industry loses in downloading case - CANADA

Discussion in 'General Mac Discussion' started by mattroberts, Mar 31, 2004.

  1. mattroberts macrumors regular


    Oct 25, 2003
    Yay :) /?hub=TopStories

    Music industry loses in downloading case News Staff

    Canada's music industry can't force Internet service providers to identify online music sharers, a Federal Court judge has ruled.

    The music companies represented by the Canadian Recording Industry Association, had identified 29 people who had traded music online using services like Kazaa, but they knew them only by their online nicknames.

    They wanted the Internet service companies such as Sympatico, Rogers and Shaw to give them the identities of the individuals, so they could sue them for copyright infringement.

    But they didn't get it, so the the music companies can't yet proceed with their lawsuits.

    Justice Konrad von Finckenstein ruled the music companies had not provided enough evidence that any copyright infringement had occurred and compared downloading and uploading music to using*a photocopy machine in a library..

    "I cannot see a real difference between a library that places a photocopy machine in a room full of copyrighted material and a computer user that places a personal copy on a shared directory linked to a P2P service,'' von Finckenstein*wrote.

    "No evidence was presented that the alleged infringers either distributed or authorized the reproduction of sound recordings.

    "They merely placed personal copies onto shared directories on their computers which were accessible by other computer users via an online download service."

    As a result, using an online download service for personal use does not amount to copyright infringement in Canada, at least for now, CTV's David*Akin said.

    That is quite different from similar rulings in the United States, where the music industry has sued 1,977 people since last fall. It has reached out-of-court settlements in around 400 cases.

    Some lawyers were saying the music industry might have hurt its case through legal sloppiness, Akin said.

    "They really didn't have their t's crossed and their i's dotted. They would likely go back and assemble the evidence the judge said was missing. The judge said clearly there are*some tests that have to be met, and the record industry failed to meet those tests."

    Once they do that, the industry can resubmit its case. Until then, Canadian online music traders are free to keep swapping songs, Akin said.

    Peter Bissonnette, president of Shaw Communications, was delighted with the ruling. His company Shaw had argued privacy legislation should*protect the identities of its clients.

    "We are very, very pleased and I'm sure our customers are as well,'' he said. "We have obligations to protect the privacy of our customers. We've always taken that approach."
  2. blue&whiteman macrumors 65816


    Nov 30, 2003
    the way it should be. I like to hear something well before I invest in it. once I know something is good to my ears then I have no problem buying it and even very much want to.

    most people are like this I think and thats what the industry doesn't understand. mp3's help the industry. average music sales were up when napster and audio galaxy were in their prime.
  3. superfunkomatic macrumors regular

    Jan 6, 2003
    calgary, ab canada
    exposure to music leads to more purchasing. i can only speak from personal experience - but i already own 500+ cds. when i have used napster in the past or limewire it's to listen to new music and decide whether it's worth purchasing.

    i think if the legal issues can be sorted out in canada services like the itunes music store encourage people to listen, be exposed to new music, and yes for the accountants purchase music online.

    provide the services to legally access music and they will come - 50 million song purchases on itunes store can't be wrong.
  4. Heart Break Kid macrumors 6502a

    Feb 13, 2003
    god bless my fellow canuks

    way to stick it to the RIAA
  5. MrMacMan macrumors 604


    Jul 4, 2001
    1 Block away from NYC.
    If I remember correctly... theirs is named the CRIA...

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